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A10584 Summary:

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A10584 Floor Votes:

A10584 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10584
 
                   IN ASSEMBLY
 
                                      June 7, 2012
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Sweeney,
          Weisenberg, Thiele) -- read once and  referred  to  the  Committee  on
          Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          special groundwater and surface water protection areas
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Section 55-0113 of the environmental conservation law, as
     2  added by chapter 628 of the laws of 1987,  subdivision  8  as  added  by
     3  chapter 502 of the laws of 2006, is amended to read as follows:
     4  § 55-0113. Special  groundwater and surface water protection areas; Long
     5               Island designation.
     6    1. Nine areas shall be designated for the purposes of this article  as
     7  special groundwater protection areas. They are identified as follows:
     8    (a)  the North Hills area of the town of North Hempstead, Nassau coun-
     9  ty;
    10    (b) the area of the Northeastern villages of the town of  Oyster  Bay,
    11  Nassau county;
    12    (c)  the  Woodbury  road-West  Pulaski  road area, town of Huntington,
    13  Suffolk county;
    14    (d) the West Hills area of the town of Huntington, Suffolk county;

    15    (e) the Oak Brush Plains of  the  towns  of  Babylon  and  Huntington,
    16  Suffolk county;
    17    (f) the Setauket Pine Barrens, town of Brookhaven, Suffolk county;
    18    (g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and
    19  Southampton, Suffolk county;
    20    (h)  the  South  Fork  Morainal Forest of the towns of Southampton and
    21  East Hampton, Suffolk county; and
    22    (i) the Hither Hills area of the town of East Hampton, Suffolk county.
    23    2. Three areas shall be designated for the purposes of this article as
    24  special surface water protection areas. They are identified as follows:
    25    (a) the Peconic Estuary Watershed as defined  in  subdivision  six  of
    26  section 57-0203 of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD16140-01-2
        A. 10584                            2
 
     1    (b)  the  South Shore Estuary Reserve Watershed as defined in subdivi-
     2  sion four of section nine hundred sixty-two of the executive law.
     3    (c)  the  Long  Island Sound Watershed including only towns, villages,
     4  and counties adjoining the Long Island Sound.
     5    3. Such areas identified for Long Island  in  this  section  shall  be
     6  addressed  concurrently  as a single planning project in order to insure
     7  consistency and uniformity in the development of a management plan  that
     8  recognizes  the  regional  importance  of  the  special  groundwater and
     9  surface water protection areas.

    10    [3.]  4.  The  preliminary  boundaries  of  the  special   groundwater
    11  protection  areas designated in subdivision one of this section shall be
    12  those identified in the state groundwater  management  plan  except  for
    13  said  areas  designated  in paragraphs (a) and (b) of subdivision one of
    14  this section which shall be the same  as  those  areas  adopted  by  the
    15  Nassau  County  Board  of  Health  pursuant to article ten of the Nassau
    16  County Public Health Ordinance on  December  twelfth,  nineteen  hundred
    17  eighty-four. Final boundaries shall be determined on the basis of infor-
    18  mation  developed in accordance with the requirements of section 55-0115
    19  of this article.
    20    [4.] 5. Other areas not identified in this section can  be  petitioned
    21  for  according  to  the  guidelines set forth in section 55-0109 of this
    22  article.

    23    [5.] 6. The Long Island [regional] water planning board is  designated
    24  as the planning entity for the nine special groundwater protection areas
    25  herein  identified  on  Long  Island, and is authorized to carry out the
    26  planning work specified in this article.  The Long Island water planning
    27  board shall consist of the commissioner (or his or  her  designee),  the
    28  Nassau  and  Suffolk  county  executives,  and  the town supervisors and
    29  village mayors from each of the special groundwater  and  surface  water
    30  protection areas. The commissioner or his or her designee shall serve as
    31  chair.
    32    [6.]  7. An advisory group to be known as the "special groundwater and

    33  surface water protection area advisory council"  shall  be  established.
    34  The  voting membership shall consist of representatives of the following
    35  organizations: one member from the Nassau county department  of  health;
    36  one member from the Nassau county department of public works; one member
    37  from the Nassau county planning commission; two members from the Suffolk
    38  county department of health services; one member from the New York state
    39  department  of  environmental conservation; one member from the New York
    40  state department of health; [two members from the New York state  legis-
    41  lative  commission  on water resource needs of Long Island;] two members
    42  from conservation organizations having property or  other  interests  in
    43  one  or  more of the special groundwater protection areas[; and a member

    44  from each town which contains part  or  all  of  a  special  groundwater
    45  protection  area]  and/or  surface water protection areas.   The special
    46  groundwater and surface water protection  area  advisory  council  shall
    47  serve  as an advisory group to the Long Island [regional] water planning
    48  board and shall assist in the development, review, and implementation of
    49  the management plan.
    50    [7.] 8. The Long Island [regional] water planning board  shall  submit
    51  an  outline of the plan of work designed to complete the requirements of
    52  sections 55-0115 and 55-0117 of this article, acceptable to the  commis-
    53  sioner  and a budget request, therefor.  Such request shall be submitted
    54  no later than December thirty-first of each year.

    55    [8. No municipality located within a  special  groundwater  protection
    56  area  designated  in  paragraph  (a)  of subdivision one of this section
        A. 10584                            3

     1  shall use public funds to acquire land within such  special  groundwater
     2  protection  area  being used as a recreational facility or open space at
     3  the time of proposed acquisition unless such land is being  offered  for
     4  sale or a change of use for such land is proposed by the owner thereof.]
     5    §  2.  Section 55-0115 of the environmental conservation law, as added
     6  by chapter 628 of the laws of 1987, is amended to read as follows:
     7  § 55-0115. Comprehensive management plan; contents.
     8    The designated planning entity shall prepare the plan for the  special

     9  groundwater  protection  area.  The plan shall be designed to ensure the
    10  non-degradation and restoration of [the] high quality  [of]  groundwater
    11  recharged  within  the  special  groundwater protection area and special
    12  surface water protection areas. Where local plans  already  exist  which
    13  effectuate  the  goals of this article, such local plans shall be evalu-
    14  ated and incorporated as is appropriate into the work  of  the  planning
    15  entity. Such plan shall include but not be limited to:
    16    1.  A  determination  of  the  quality  of  the  existing  groundwater
    17  recharged through said special  groundwater  protection  area  and  said
    18  special surface water protection area, the natural recharge capabilities
    19  of the special groundwater protection area watershed and special surface

    20  water  protection  areas and the dependence of any natural ecosystems in
    21  the special  groundwater  protection  area  and  special  surface  water
    22  protection  areas on the water quality and natural recharge capabilities
    23  of said area;
    24    2. An identification of all known existing  and  potential  point  and
    25  non-point sources of groundwater degradation;
    26    3. Development of specific enforceable watershed rules and regulations
    27  pursuant to section eleven hundred of the public health law, and article
    28  fifteen  of  this chapter, which are designed to accomplish the purposes
    29  of this article;
    30    4. A map showing the detailed boundary of the special groundwater  and
    31  surface  water  protection  area  or  areas as well as a precise written
    32  description of such boundaries;

    33    5. A resource assessment which determines the amount and type of human
    34  development and activity which the ecosystem  can  sustain  while  still
    35  maintaining  existing  ground  and  surface water quality and protecting
    36  unique ecological features;
    37    6. The identification and proposal of limits  on  federal,  state  and
    38  local  government  financially  assisted  activities and projects which,
    39  directly or indirectly, may contribute, in any way  whatsoever,  to  any
    40  degradation  of  such  groundwater  or  any  loss of natural surface and
    41  subsurface  infiltration  or  purification  capability  of  the  special
    42  groundwater protection area watershed;
    43    7.  Development of a comprehensive statement of land use management as
    44  it pertains to the maintenance, restoration, and enhancement of  ground-
    45  water quality and quantity;

    46    8.  Proposal  of limits on land uses and wastewater infrastructure and
    47  management practices that might have an adverse impact on water  quality
    48  and/or  recharge capabilities in the special groundwater protection area
    49  and surface water protection areas;
    50    9. Consideration and proposal of specific techniques,  including,  but
    51  not  limited  to:  clustering,  large  lot zoning, purchase, exchange or
    52  donation of conservation easements  or  development  rights,  and  other
    53  innovative  measures  sufficient  to  achieve  the  objectives  of  this
    54  section;
        A. 10584                            4
 
     1    10.  Designation  of  specific  areas   within   special   groundwater
     2  protection  areas and surface water protection areas suitable and appro-
     3  priate for public acquisition; and

     4    11.  A program for local governmental implementation of the comprehen-
     5  sive management plan described in this subdivision in a manner that will
     6  insure the continued, uniform, consistent protection  of  this  area  in
     7  accord with the purposes of this article.
     8    §  3.  Section 55-0117 of the environmental conservation law, as added
     9  by chapter 628 of the laws of 1987, subdivisions 5 and 6 as  amended  by
    10  chapter 238 of the laws of 1991, is amended to read as follows:
    11  § 55-0117. Comprehensive management plan; approval.
    12    1. The planning entity shall:
    13    (a)  consult with appropriate officials of any local, state or federal
    14  agency which has jurisdiction over lands and waters within the area;
    15    (b) consult with the officials of any municipality which has jurisdic-
    16  tion over lands and waters within  areas  designated  [or  proposed]  as

    17  special groundwater protection areas or special surface water protection
    18  areas;
    19    (c)  consult  with  interested  professional, scientific and citizens'
    20  organizations;
    21    (d) consult with citizen's advisory committees;
    22    (e) transmit any draft and final plan to all  affected  municipalities
    23  for review and comment; and
    24    (f)  conduct  public  hearings  at places within the area, and at such
    25  other places as may be appropriate, for the purpose of providing  inter-
    26  ested persons with an opportunity to express their views with respect to
    27  matters covered by the plan.
    28    2.  The plan shall be submitted to the commissioner. The plan shall be
    29  accompanied by a transmittal letter in which the planning entity  certi-
    30  fies that:
    31    (a)  the  plan when implemented will achieve [its stated water quality

    32  objectives] an ambient groundwater standard of two milligrams per  liter
    33  for  nitrogen and protect the ecological values of the special groundwa-
    34  ter protection area which are significant for maintenance of water qual-
    35  ity;
    36    (b) the plan requires the exercise of land use and zoning responsibil-
    37  ities to the greatest extent practicable to regulate the use of land and
    38  water resources in a manner consistent with the purposes of  this  arti-
    39  cle;
    40    (c)  the  planning entity has afforded adequate opportunity, including
    41  public hearings, for public governmental involvement in the  preparation
    42  and review of the plan, and whether such review and comment thereon were
    43  considered in the plan; and
    44    (d)  the  extent  to which adequate assurances have been received from
    45  appropriate local officials that the recommended implementation  program

    46  identified  in the plan will be initiated within a reasonable time after
    47  the date of approval of the plan and such program will insure  effective
    48  implementation of the local aspects of the plan.
    49    3.  The  commissioner  shall  review  the  plan and within ninety days
    50  certify that the plan conforms with all applicable state laws,  official
    51  rules  and regulations, state water resource management plans, and where
    52  submitted, the nominating petition as defined in section 55-0109 of this
    53  article. As part of the review and certification  process,  the  commis-
    54  sioner shall also certify the boundaries.
    55    4.  If the commissioner finds that the plan is still not in compliance
    56  with applicable state law, official rules  and  regulations,  and  state
        A. 10584                            5
 

     1  water  resource  management plans, after a second review, he shall with-
     2  hold approval of all outstanding planning entity claims  for  reimburse-
     3  ment pending satisfactory revision of the plan.
     4    5.  Upon  certification of the plan and the boundaries, the identified
     5  area or areas are officially adopted  by  the  commissioner  as  special
     6  groundwater protection areas and/or surface water protection areas.
     7    6. Upon adoption of the boundaries by the planning entity, the special
     8  groundwater  and  surface  water protection areas shall be designated as
     9  critical environmental areas  as  defined  by  regulations  pursuant  to
    10  section  8-0113  of  this  chapter and an environmental impact statement
    11  shall be prepared pursuant to section 8-0109 of  this  chapter  for  any
    12  action  found  to have a significant impact upon such areas. Such state-

    13  ment shall meet the requirements  of  the  most  detailed  environmental
    14  impact  statement  required  by section 8-0109 of this chapter or by any
    15  rule or regulation promulgated pursuant to such  section.  Upon  certif-
    16  ication  of the plan by the commissioner, such statement shall include a
    17  detailed statement of the effects of any proposed  action  on,  and  its
    18  consistency  with,  the  comprehensive  management  plan  of the special
    19  groundwater protection area and surface water protection  area  program,
    20  as implemented by the commissioner pursuant to this article.
    21    §  4.  Section 55-0119 of the environmental conservation law, as added
    22  by chapter 546 of the laws of 2001, is amended to read as follows:
    23  § 55-0119. Local  land  use  regulation  within  a  special  groundwater

    24               [protection  area]  and/or special surface water protection
    25               areas.
    26    Any land use regulation enacted by any county, town or village located
    27  within a special groundwater  protection  area  and/or  special  surface
    28  water  protection  area which includes a definition of "open space" must
    29  consider the impact of such  definition  on  the  water  quality  and/or
    30  recharge  capabilities  of the area. Any such definition of "open space"
    31  may also consider other purposes  of  open  space,  including,  but  not
    32  limited  to,  protection of habitat, farmland, forest, air quality, view
    33  shed protection and recreation. Provided however, that any definition of
    34  open space that allows for or includes recreational uses,  must  provide

    35  clear guidance as to which recreational uses, improvements or facilities
    36  serve  the purpose of protecting water quality and/or recharge capabili-
    37  ties. "Land use regulation" shall mean an ordinance or local law enacted
    38  by a municipality  with  responsibility  for  zoning  and  includes  any
    39  zoning,  subdivision,  special use permit or site plan regulation or any
    40  other regulation which prescribes the appropriate use  of  property,  or
    41  scale, location and intensity of development.
    42    §  5.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.